Merchants' accounts

MERCHANTS' ACCOUNTS. In the statute of limitations, 21 Jac. 1. c. 16, there
is an exception which has been copied in the acts of the legislatures of a
number of the States, that its provisions shall not apply to such accounts
as concern trade and merchandise between merchant and merchant, their
factors or servants.
2. This exception, it has been holden, applies to actions of assumpsit
as well as to actions of account. 5 Cranch, 15. But to bring a case within
the exception, there must be an account, and that account open and current,
and it must concern trade. 12 Pet. 300. See 6 Pet. 151; 5 Mason, R. 505;
Bac. Ab. Limitation of Actions, E 3; and article Limitation.

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